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Home My WebLink About20201262 Ver 1_Buffer Approval Letter_20210920DocuSign Envelope ID: 25C9278B-9240-45E9-9725-5DAB 13612244 ROY COOPER Governor ELIZABETH S. BISER Secretary S. DANIEL SMITH Director NORTH CAROLINA Environmental Quality September 1, 2021 DWR # 20201262 Wake County State of North Carolina Attn: Mark Edwards State Property Office 1321 Mail Service Center Raleigh, NC 27699 (delivered via email to mark.edwards@doa.nc.gov) Subject: APPROVAL of NEUSE RIPARIAN BUFFER IMPACTS WITH ADDITIONAL CONDITIONS New NC Department of Health and Human Services Campus Mr. Edwards, You have our approval for the impacts listed below for the purpose described in your application received by the Division of Water Resources (Division) on July 14, 2021 (fee receipt date) with subsequent information on July 15, 2021, and August 31, 2021. These impacts are covered by the Neuse Buffer Rules and the conditions listed below. This Buffer Authorization does not relieve the permittee of the responsibility to obtain all other required Federal, State, or Local approvals before proceeding with the project, including those required by, but not limited to, Sediment and Erosion Control, Non - Discharge, Water Supply Watershed, and/or Stormwater regulations. The following impacts are hereby approved, provided that all of the Conditions listed below, and all of the conditions of the Neuse Buffer Rules are met. No other impacts are approved, including incidental impacts. [15A NCAC 02B .0611(b)(2)] Type of Impact Amount Approved (units) Permanent Amount Approved (units) Temporary Buffers — Zone 1 B1: Impact Area A 4,860 (square feet) 0 (square feet) 132: Impact Area C 3,127 (square feet) 0 (square feet) 133: Impact Area D 476 (square feet) 0 (square feet) Buffers — Zone 2 B1: Impact Area A 4,737 (square feet) 0 (square feet) 132: Impact Area C 1,321 (square feet) 0 (square feet) 133: Impact Area D 1,582 (square feet) 0 (square feet) This approval is for the purpose and design described in your application. The plans and specifications for this project are incorporated by reference as part of this Authorization Certificate. If you change REQ1,� North Carolina Department of Environmental Quality f Division of Water Resources 512 North Salisbury Street 1 1650 Mail Service Center Raleigh, North Carolina 27699-1650 NOAI-'. CAHOL'NA oo.nme,,, dsmi"' ,1 Q. 919.707,9000 DocuSign Envelope ID: 25C9278B-9240-45E9-9725-5DAB 13612244 State of North Carolina DWR# 20201262 Buffer Authorization Certificate Page 2 of 3 your project, you must notify the Division and you may be required to submit a new application package. If the property is sold, the new owner must be given a copy of this Authorization Certificate and is responsible for complying with all conditions. [15A NCAC 02B .0611(b)(2)] If you are unable to comply with any of the conditions below, you must notify the Raleigh Regional Office within 24 hours (or the next business day if a weekend or holiday) from the time the permittee becomes aware of the circumstances. The permittee shall report to the Raleigh Regional Office any noncompliance with the conditions of this Authorization Certificate and/or any violation of state regulated riparian buffer rules [15A NCAC 02B .0714]. Information shall be provided orally within 24 hours (or the next business day if a weekend or holiday) from the time the applicant became aware of the circumstances. Additional Conditions: 1. Compensatory Mitigation Using the North Carolina Division of Mitigation Services Mitigation must be provided for the proposed impacts as specified in the table below. The Division has received a Statement of Acceptance letter from the NC Division of Mitigation Services to meet this mitigation requirement. Until NC DMS receives and clears your payment, and proof of payment has been provided to this Office, no impacts specified in this Certification shall occur. For accounting purposes, this Certification authorizes payment to DIMS to meet the following compensatory mitigation requirement [15A NCAC 02B .0714(12)]: Compensatory Mitigation Compensatory Mitigation Required Bank Sponsor River & Sub -Basin Number Buffers -Zone 1 10,809 (square feet) NC DMS Neuse 03020201 Buffers -Zone 2 4,355 (square feet) NC DMS Neuse 03020201 This approval and its conditions are final and binding unless contested. [G.S. 143-215.5] Upon the presentation of proper credentials, the Division may inspect the property. This Authorization Certificate can be contested as provided in Chapter 150B of the North Carolina General Statutes by filing a Petition for a Contested Case Hearing (Petition) with the North Carolina Office of Administrative Hearings (OAH) within sixty (60) calendar days. Requirements for filing a Petition are set forth in Chapter 150B of the North Carolina General Statutes and Title 26 of the North Carolina Administrative Code. Additional information regarding requirements for filing a Petition and Petition forms may be accessed at http://www.ncoah.com/ or by calling the OAH Clerk's Office at (919) 431-3000. One (1) copy of the Petition must also be served to the North Carolina Department of Environmental Quality: William F. Lane, General Counsel Department of Environmental Quality 1601 Mail Service Center D Q �� North Carolina Department of Environmental Quality I Division of Water Resources 512 North Salisbury Street 1 1650 Mail Service Center I Raleigh, North Carolina 27699-1650 ORTH NCAROUNA 919.707.9000 DocuSign Envelope ID: 25C9278B-9240-45E9-9725-5DAB 13612244 State of North Carolina DWR# 20201262 Buffer Authorization Certificate Page 3 of 3 Raleigh, NC 27699-1601 This Authorization Certificate neither grants nor affirms any property right, license, or privilege in any lands or waters, or any right of use in any waters. This Authorization Certificate does not authorize any person to interfere with the riparian rights, littoral rights, or water use rights of any other person, nor does it create any prescriptive right or any right of priority regarding any usage of water. This Authorization Certificate shall not be interposed as a defense in any action respecting the determination of riparian or littoral rights or other rights to water use. No consumptive user is deemed by virtue of this Authorization Certificate to possess any prescriptive or other right of priority with respect to any other consumptive user. This Authorization shall expire when the corresponding 401 Water Quality Certification Approval DWR#20201262 expires. This letter completes the Division's review under the Neuse Riparian Buffer Rules as described in 15A NCAC 02B .0714. Please contact Rick Trone at rick.trone@ncdenr.gov if you have any questions or concerns. Sincerely, DOCUSSiigned by: �GwtG �O L� 949D91 BA53EF4E0... Paul Wojoski, Supervisor 401 & Buffer Permitting Branch cc: Kelly Roth, McAdams Company (via email) Lyle Phillips, USACE Raleigh Regulatory Field Office DWR 401 & Buffer Permitting Branch electronic file Filename: 20201262 Ver 1—New NC Department of Health and Human Services Campus_Wake_401 IC.docx N�aT AA� NaREQ�� NOM-em RCIL.Nonmemai Quaury North Carolina Department of Environmental Quality 1 Division of Water Resources 512 North Salisbury Street 1 1650 Mail Service Center I Raleigh, North Carolina 27699-1650 919.707,9000